ORDINANCE NO. 900617
Vacating the north-south alley next west of Baltimore
Avenue from the south line of Interstate 35 to the north line of 16th Street
and all utility easements over, under, along and across said alley all in
Kansas City, Jackson County, Missouri. (Case No. 720-V)
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. The Council of Kansas City does hereby
find and declare that on the 13th day of May, 1988, a petition was filed with
the City Clerk of Kansas City by Whitney E. Kerr for the vacation of the
north-south alley next west of Baltimore Avenue from the south line of
Interstate 35 to the north line of 16th Street and all utility easements over,
under, along and across said alley all in Kansas City, Jackson County,
Missouri, giving the distinct description of the alley to be vacated, and also
the names of the persons and corporations owning or claiming to own the
property fronting thereon, and that due notice of the pendency of said petition
has been given for twenty (20) days in the newspaper doing the city printing,
and that the consent of the persons and corporations owning or claiming to own
three-fourths of the front feet of the property immediately adjoining said
alley has been obtained in writing, that said consent has been acknowledged as
deeds are acknowledged, and was duly filed with the petition for such vacation
in the City Clerk's Office.
Section 2. That the Council finds that the City
Plan Commission has duly endorsed its approval of this Ordinance hereon.
Section 3. That the north-south alley next west of
Baltimore Avenue from the south line of Interstate 35 to the north line of 16th
Street and all utility easements over, under, along and across said alley all
in Kansas City, Jackson County, Missouri, be and the same is hereby vacated.
However, the City of Kansas City reserves an
easement and the right to locate, construct and maintain or to authorize any
franchised utility to locate, construct and maintain conduits, water, gas and
sewer pipes, poles and wire, or any of them over, under, along and across the
above-described property. The City of Kansas City shall have at all times the
right to go upon the above- described property to construct, maintain and
repair the same; and nothing in this vacation action shall be construed so as
to grant any right to use the above-described property in any manner as would
interfere with the construction or reconstruction and proper, safe and continuous
maintenance of the aforesaid use, and specifically, there shall not be built
thereon or thereover any structure (except driveways, paved areas, grass,
shrubs and fences) without first securing the written approval of the Director
of Public Works.
Section 4. That the City Clerk of Kansas City,
Missouri, be and she is hereby authorized and directed to acknowledge this
ordinance as deeds are acknowledged, and to cause this ordinance and the
consent of property owners hereinbefore referred to, to be filed for record in
the Recorder's Office in Jackson County, Missouri.
Section 5. All Ordinance or parts of Ordinances in
conflict with this Ordinance are, in so much as they conflict with this
Ordinance, hereby repealed.
_________________________________________________________
Approved as to form and
legality:
____________________________________
Assistant City Attorney
STATE OF MISSOURI ) ) ss.
COUNTY OF ________ )
On the _________ day of ______________________,
19___, before me, a Notary Public in and for said County, personally appeared
______________________________________________________ to me known to be the
City Clerk of Kansas City, Missouri, in the above and foregoing ordinance
mentioned, and acknowledged the said ordinance to be the act and deed of said
Kansas City, duly passed by the Council of said City, and became effective as herein
stated.
In Testimony Whereof, I have hereunto set my hand
and affixed my official seal at my office in Kansas City, Missouri, the day and
year first above written.
My term expires _________________________, 19____.
____________________________________
Notary Public within and
for
County, Missouri
IN RECORDER'S OFFICE
STATE OF MISSOURI ) ) ss.
COUNTY OF _________ )
I, the undersigned, Recorder of Deeds within and for
the County aforesaid, do hereby certify that the foregoing instrument of
writing was on the ______ day of _____________________, A.D. 19____, at
________ o'clock _______ minutes M., duly filed for record in this office, and
with certificate of acknowledgement thereon endorsed, is recorded in the
records of this office in Book _______________________, at page ___________.
In Testimony Whereof, I hereunto set my hand and
affix the seal of said office at Kansas City, Missouri, this day and year last
aforesaid.
____________________________________
Recorder
By__________________________________
Deputy